SECOND DIVISION

[G.R. Nos. 153524-25. January 31, 2005]

RODOLFO SORIA and EDIMAR BISTA, petitioners, vs. HON. ANIANO

DESIERTO in his capacity as Head of the Office of the
Ombudsman, HON. ORLANDO C. CASIMIRO in his capacity as
Deputy Ombudsman for Military, P/INS. JEFFREY T. GOROSPE,
SPO2 ROLANDO G. REGACHO, SPO1 ALFREDO B. ALVIAR, JR.,
PO3 JAIME D. LAZARO, PO2 FLORANTE B. CARDENAS, PO1
JOSEPH A. BENAZA, SPO1 FRANKLIN D. CABAYA and SPO4
PEDRO PAREL, respondents.

DECISION
CHICO-NAZARIO, J.:

Yet again, we are tasked to substitute our judgment for that of the Office of the
Ombudsman in its finding of lack of probable cause made during preliminary
investigation. And, yet again, we reaffirm the time-honored practice of non-interference
in the conduct of preliminary investigations by our prosecutory bodies absent a showing
of grave abuse of discretion on their part.
Petitioners, thru a special civil action for certiorari,[1] contend precisely that the
public respondents herein officers of the Office of the Ombudsman gravely abused their
discretion in dismissing the complaint for violation of Article 125 of the Revised Penal
Code (Delay in the delivery of detained persons) against private respondents herein,
members of the Philippine National Police stationed at the Municipality of Santa, Ilocos
Sur.
From the respective pleadings [2] of the parties, the following facts appear to be
indubitable:

1. On or about 8:30 in the evening of 13 May 2001 (a Sunday and the day before the
14 May 2001 Elections[3]), petitioners were arrested without a warrant by respondents
police officers for alleged illegal possession of firearms and ammunition;

2. Petitioner Soria was arrested for alleged illegal possession of .38 cal. revolver (a
crime which carries with it the penalty of prision correccional in its maximum period)
and for violation of Article 261 par. (f) of the Omnibus Election Code in relation to
the Commission on Election Resolution No. 3328 (which carries the penalty of
imprisonment of not less than one [1] year but not more than six [6] years);
 3. Petitioner Bista was arrested for alleged illegal possession of sub-machine pistol
UZI, cal. 9mm and a .22 cal. revolver with ammunition;

4. Immediately after their arrest, petitioners were detained at the Santa, Ilocos Sur,
Police Station. It was at the Santa Police Station that petitioner Bista was identified by
one of the police officers to have a standing warrant of arrest for violation of Batas
Pambansa Blg. 6 issued by the Municipal Trial Court (MTC) of Vigan, Ilocos Sur,
docketed as Criminal Case No. 12272;

5. The next day, at about 4:30 p.m. of 14 May 2001 (Monday and election day),
petitioners were brought to the residence of Provincial Prosecutor Jessica Viloria in
San Juan, Ilocos Sur, before whom a Joint-Affidavit against them was subscribed and
sworn to by the arresting officers. From there, the arresting officers brought the
petitioners to the Provincial Prosecutors Office in Vigan, Ilocos Sur, and there at
about 6:00 p.m. the Joint-Affidavit was filed and docketed;

6. At about 6:30 in the evening of the same day, 14 May 2001, petitioner Soria
was released upon the order of Prosecutor Viloria to undergo the requisite
preliminary investigation, while petitioner Bista was brought back and continued to be
detained at the Santa Police Station. From the time of petitioner Sorias detention up to
the time of his release, twenty-two (22) hours had already elapsed;

7. On 15 May 2001, at around 2:00 in the afternoon, petitioner Bista was brought
before the MTC of Vigan, Ilocos Sur, where the case for violation of Batas Pambansa
Blg. 6 was pending. Petitioner Bista posted bail and an Order of Temporary Release
was issued thereafter;

8. At this point in time, no order of release was issued in connection with petitioner
Bistas arrest for alleged illegal possession of firearms. At 4:30 in the afternoon of
the same day (15 May 2001), an information for Illegal Possession of Firearms and
Ammunition, docketed as Criminal Case No. 4413-S, was filed against petitioner
Bista with the 4th Municipal Circuit Trial Court of Narvacan, Ilocos Sur. At 5:00 in the
afternoon, informations for Illegal Possession of Firearms and Ammunition and
violation of Article 261 par. (f) of the Omnibus Election Code in relation to
COMELEC Resolution No. 3328, docketed as Criminal Cases No. 2269-N and No.
2268-N, respectively, were filed in the Regional Trial Court at Narvacan, Ilocos Sur;

9. On 08 June 2001, petitioner Bista was released upon filing of bail bonds in
Criminal Cases No. 2268-N and No. 4413-S. He was detained for 26 days.
 10. On 15 August 2001, petitioners filed with the Office of the Ombudsman for
Military Affairs a complaint-affidavit for violation of Art. 125 of the Revised Penal
Code against herein private respondents.

11. After considering the parties respective submissions, the Office of the
Ombudsman rendered the first assailed Joint Resolution dated 31 January 2002
dismissing the complaint for violation of Art. 125 of the Revised Penal Code for lack
of merit; and

12. On 04 March 2002, petitioners then filed their motion for reconsideration which
was denied for lack of merit in the second assailed Resolution dated 25 March 2002.

Article 125 of the Revised Penal Code states:

Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. -
The penalties provided in the next preceding article shall be imposed upon the public
officer or employee who shall detain any person for some legal ground and shall fail
to deliver such person to the proper judicial authorities within the period of: twelve
(12) hours, for crimes or offenses punishable by light penalties, or their equivalent;
eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or
their equivalent; and thirty-six (36) hours, for crimes or offenses punishable by
afflictive or capital penalties, or their equivalent.

In every case, the person detained shall be informed of the cause of his detention and
shall be allowed, upon his request, to communicate and confer at any time with his
attorney or counsel.

It is not under dispute that the alleged crimes for which petitioner Soria was arrested
without warrant are punishable by correctional penalties or their equivalent, thus,
criminal complaints or information should be filed with the proper judicial authorities
within 18 hours of his arrest. Neither is it in dispute that the alleged crimes for which
petitioner Bista was arrested are punishable by afflictive or capital penalties, or their
equivalent, thus, he could only be detained for 36 hours without criminal complaints or
information having been filed with the proper judicial authorities.
The sole bone of contention revolves around the proper application of the 12-18-36
periods. With respect specifically to the detention of petitioner Soria which lasted for 22
hours, it is alleged that public respondents gravely erred in construing Article 125 [4] as
excluding Sundays, holidays and election days in the computation of the periods
prescribed within which public officers should deliver arrested persons to the proper
judicial authorities as the law never makes such exception. Statutory construction has it
that if a statute is clear and unequivocal, it must be given its literal meaning and applied
without any attempts at interpretation. [5] Public respondents, on the other hand, relied on
the cases of Medina v. Orozco, Jr.,[6] and Sayo v. Chief of Police of Manila[7] and on
commentaries[8] of jurists to bolster their position that Sundays, holidays and election
days are excluded in the computation of the periods provided in Article 125, [9] hence, the
arresting officers delivered petitioners well within the allowable time.
In addition to the foregoing arguments and with respect specifically to petitioner
Bista, petitioners maintain that the filing of the information in court against petitioner
Bista did not justify his continuous detention. The information was filed at 4:30 p.m. of
15 May 2001 but the orders for his release were issued by the Regional Trial Court and
Municipal Trial Court of Narvacan, Ilocos Sur, only on 08 June 2001. They argued that
based on law and jurisprudence, if no charge is filed by the prosecutor within the period
fixed by law, the arresting officer must release the detainee lest he be charged with
violation of Article 125.[10] Public respondents countered that the duty of the arresting
officers ended upon the filing of the informations with the proper judicial authorities
following the rulings in Agbay v. Deputy Ombudsman for the Military,[11] and People v.
Acosta.[12]
From a study of the opposing views advanced by the parties, it is evident that public
respondents did not abuse their discretion in dismissing for lack of probable cause the
complaint against private respondents.
Grave abuse of discretion is such capricious and whimsical exercise of judgment on
the part of the public officer concerned which is equivalent to an excess or lack of
jurisdiction. The abuse of discretion must be so patent and gross as to amount to an
evasion of a positive duty or a virtual refusal to perform a duty enjoined by law, or to act
at all in contemplation of law as where the power is exercised in an arbitrary and
despotic manner by reason of passion or hostility. [13]
No grave abuse of discretion, as defined, can be attributed to herein public
respondents. Their disposition of petitioners complaint for violation of Article 125 of the
Revised Penal Code cannot be said to have been conjured out of thin air as it was
properly backed up by law and jurisprudence. Public respondents ratiocinated thus:

As aptly pointed out by the respondents insofar as the complaint of Rodolfo Soria is
concerned, based on applicable laws and jurisprudence, an election day or a special
holiday, should not be included in the computation of the period prescribed by law for
the filing of complaint/information in courts in cases of warrantless arrests, it being a
no-office day. (Medina vs. Orosco, 125 Phil. 313.) In the instant case, while it appears
that the complaints against Soria for Illegal Possession of Firearm and Violation of
COMELEC Resolution No. 3328 were filed with the Regional Trial Court and
Municipal Trial Court of Narvacan, Ilocos Sur, only on May 15, 200[1] at 4:30 p.m.,
he had already been released the day before or on May 14, 2001 at about 6:30 p.m. by
the respondents, as directed by Prov. Prosecutor Jessica [Viloria]. Hence, there could
be no arbitrary detention or violation of Article 125 of the Revised Penal Code to
speak of.[14]

Indeed, we did hold in Medina v. Orozco, Jr.,[15] that

. . . The arresting officers duty under the law was either to deliver him to the proper
judicial authorities within 18 hours, or thereafter release him. The fact however is that
he was not released. From the time of petitioners arrest at 12:00 oclock p.m. on
November 7 to 3:40 p.m. on November 10 when the information against him for
murder actually was in court, over 75 hours have elapsed.

But, stock should be taken of the fact that November 7 was a Sunday; November 8
was declared an official holiday; and November 9 (election day) was also an official
holiday. In these three no-office days, it was not an easy matter for a fiscal to look for
his clerk and stenographer, draft the information and search for the Judge to have him
act thereon, and get the clerk of court to open the courthouse, docket the case and
have the order of commitment prepared. And then, where to locate and the uncertainty
of locating those officers and employees could very well compound the fiscals
difficulties. These are considerations sufficient enough to deter us from declaring that
Arthur Medina was arbitrarily detained. For, he was brought to court on the very first
office day following arrest.

And, in Sayo v. Chief of Police of Manila[16] --

. . . Of course, for the purpose of determining the criminal liability of an officer

detaining a person for more than six hours prescribed by the Revised Penal Code, the
means of communication as well as the hour of arrest and other circumstances, such
as the time of surrender and the material possibility for the fiscal to make the
investigation and file in time the necessary information, must be taken into
consideration.

As to the issue concerning the duty of the arresting officer after the information has
already been filed in Court, public respondents acted well within their discretion in ruling
thus:

In the same vein, the complaint of Edimar Bista against the respondents for Violation
of Article 125, will not prosper because the running of the thirty-six (36)-hour period
prescribed by law for the filing of the complaint against him from the time of his
arrest was tolled by one day (election day). Moreover, he has a standing warrant of
arrest for Violation of B.P. Blg. 6 and it was only on May 15, 2001, at about 2:00 p.m.
that he was able to post bail and secure an Order of Release. Obviously, however, he
could only be released if he has no other pending criminal case requiring his
continuous detention.

The criminal Informations against Bista for Violations of Article 125, RPC and
COMELEC Resolution No. 3328 were filed with the Regional Trial Court and
Municipal Trial Court of Narvacan, Ilocos Sur, on May 15, 2001 (Annexes G and I,
Complaint-Affidavit of Edimar Bista) but he was released from detention only on
June 8, 2001, on orders of the RTC and MTC of Narvacan, Ilocos Sur (Annexes J and
K, Complaint-Affidavit). Was there a delay in the delivery of detained person to the
proper judicial authorities under the circumstances? The answer is in the negative.
The complaints against him was (sic) seasonably filed in the court of justice within the
thirty-six (36)-hour period prescribed by law as discussed above. The duty of the
detaining officers is deemed complied with upon the filing of the complaints. Further
action, like issuance of a Release Order, then rests upon the judicial authority (People
v. Acosta [CA] 54 O.G. 4739).[17]

The above disposition is in keeping with Agbay v. Deputy Ombudsman for the

Military,[18] wherein we ordained that

. . . Furthermore, upon the filing of the complaint with the Municipal Trial Court, the
intent behind Art. 125 is satisfied considering that by such act, the detained person is
informed of the crime imputed against him and, upon his application with the court,
he may be released on bail. Petitioner himself acknowledged this power of the MCTC
to order his release when he applied for and was granted his release upon posting bail.
Thus, the very purpose underlying Article 125 has been duly served with the filing of
the complaint with the MCTC. We agree with the position of the Ombudsman that
such filing of the complaint with the MCTC interrupted the period prescribed in said
Article.

All things considered, there being no grave abuse of discretion, we have no choice
but to defer to the Office of the Ombudsmans determination that the facts on hand do
not make out a case for violation of Article 125 of the Revised Penal Code.
As we have underscored in numerous decisions --

We have consistently refrained from interfering with the investigatory and

prosecutorial powers of the Ombudsman absent any compelling reason. This policy is
based on constitutional, statutory and practical considerations. We are mindful that the
Constitution and RA 6770 endowed the Office of the Ombudsman with a wide
latitude of investigatory and prosecutorial powers, virtually free from legislative,
executive or judicial intervention, in order to insulate it from outside pressure and
improper influence. Moreover, a preliminary investigation is in effect a realistic
judicial appraisal of the merits of the case. Sufficient proof of the guilt of the accused
must be adduced so that when the case is tried, the trial court may not be bound, as a
matter of law, to order an acquittal. Hence, if the Ombudsman, using professional
judgment, finds the case dismissible, the Court shall respect such findings, unless
clothed with grave abuse of discretion. Otherwise, the functions of the courts will
be grievously hampered by innumerable petitions assailing the dismissal of
investigatory proceedings conducted by the Office of the Ombudsman with regard to
complaints filed before it. In much the same way, the courts will be swamped with
cases if they will have to review the exercise of discretion on the part of fiscals or
prosecuting attorneys each time the latter decide to file an information in court or
dismiss a complaint by a private complainant. [19] (Emphasis supplied)

WHEREFORE, premises considered, the petition dated 27 May 2002 is hereby

DISMISSED for lack of merit. The Joint Resolution dated 31 January 2002 and the
Order dated 25 March 2002 of the Office of the Ombudsman are hereby AFFIRMED.
No costs.
SO ORDERED.
Puno, (Chairman), Austria-Martinez, Callejo, Sr., and Tinga, JJ., concur.

[1]
 Rollo, pp. 3-22.
[2]
 Petitioners PETITION FOR CERTIORARI  (UNDER RULE 65 OF THE RULES OF COURT) dated 27
May 2002, Rollo, pp. 3-22; Public Respondents COMMENT dated 09 October 2002, Rollo, pp.
105-128; Petitioners reply (To: Respondents Comment dated 09 October 2002), Rollo,  pp. 130-
137; Petitioners MEMORANDUM dated 25 March 2003, Rollo, pp. 140-164; Public Respondents
MEMORANDUM dated 01 April 2003, Rollo, pp. 168-189.
[3]
 Erroneously designated by the public respondents as Presidential Elections.
[4]
 Revised Penal Code.
[5]
 Rollo, p. 131.
[6]
 No. L-26723, 22 December 1966, 18 SCRA 1168, 1170.
[7]
 No. L-2128, 12 May 1948, 80 Phil. 859.
[8]
 (1) Aquino, The Revised Penal Code, 1997 ed., p. 74.
(2) Boado, Notes and Cases on the Revised Penal Code, 2001 ed., p. 318 (Rollo,  pp. 117 &179).
[9]
 Revised Penal Code.
[10]
 Id.
[11]
 G.R. No. 134503, 02 July 1999, 309 SCRA 726 (Rollo,  pp. 123-124).
[12]
 C.A. 54 Official Gazette 4739 (Rollo, pp. 122-123).
[13]
 Duero v. Court of Appeals, G.R. No. 131282, 04 January 2002, 373 SCRA 11, 17; Perez v. Office of
the Ombudsman, G.R. No. 131445, 27 May 2004.
[14]
 Rollo, pp. 25-26
[15]
 Supra, note 5.
[16]
 Supra,  note 6 at 870.
[17]
 Rollo, p. 26.
[18]
 Supra, note 10 at 739-740.
[19]
 Perez v. Office of the Ombudsman, supra,  note 12, citing Presidential Commission on Good
Government v. Desierto, G.R. No. 140232, 19 January 2001, 349 SCRA 767; and Presidential Ad
Hoc Fact-Finding Committee on Behest Loans v. Desierto, G.R. No. 136192, 14 August 2001,
362 SCRA 730.